SCA Governs Microsoft Phone-Tracking Suit, User Says

Law360, Chicago (January 9, 2014, 8:29 PM EST) -- The plaintiff in a proposed class action accusing Microsoft Corp. of illegally tracking customers via their smartphones fired back at the software giant in Washington district court Wednesday, rejecting its argument that the Stored Communications Act doesn’t apply to the case.

In a summary judgment motion last month, Microsoft said Rebecca Cousineau launched the suit under the mistaken belief that her smartphone, which ran the company’s Windows Mobile 7 operating system, was being used to track her whereabouts, and changed her tune after learning during discovery...